Pen pictures from the garden of the world, or Santa Clara county, California, Part 15

Author: Foote, Horace S., ed
Publication date: 1888
Publisher: Chicago : The Lewis Pub. Co.
Number of Pages: 844

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the order of their numbers on the register, Department I taking the odd-numbered cases and Department 2 the even numbers. Judge Belden died May 14, 1888, and the vacancy was filled by the appoint- ment of John Reynolds, a lawyer of many years' practice both at this Bar and in San Francisco. It is fitting that a sketch of the life and services of these eminent jurists should be presented in this work.

DAVID BELDEN was born at Newtown, Fairfield County, Connecticut, August 14, 1832. He came of old Puritan stock and inherited their fairness of char- acter and untiring energy, with none of their intoler- ance. Mr. Belden's father was a lawyer of consider- able prominence in New England. The subject of this sketch attended the public schools of his native State, and laid the foundation of his education. He learned all there was to learn in these institutions, which, though noted for their efficiency, could scarcely lead him to the door of the higher education he was to achieve by his own unaided efforts, the completeness of which excited the admiration of all who had the good fortune of his acquaintance. On reaching his majority in 1853, he came to California, stopping at Marysville for two years, where he read law. He went to Nevada City in 1855, and commenced the practice of his profession. During his residence at Nevada City, he also directed his attention toward mining, but this was more for the purpose of practi- cally studying the geologic character of the country than for acquisition of the precious metals. For the same reason he visited Virginia City, Nevada, and made critical examination of the different silver- bearing lodes of Mt. Davidson. Everything he did seemed to be with the object of acquiring useful in- formation, which, when once stored in his retentive memory, was never lost. The knowledge thus gained he bestowed with a lavish hand on those around him. Many a miner whose heart had become sick with hope deferred, has received hints from Judge Belden which have enabled him to realize his golden anticipations; and many a mechanic has received through him the light by which he has been able to do perfect work. No knowledge was so humble that he would not stoop to pick it up, and none so lofty that he would not climb to reach it. There seemed no limit to the capacity of his mind for the acquisition of wisdom. His powers of both analysis and synthesis were won- derful, and however refractory might be the ore that went into the laboratory of his brain, it came out pure and shining metal. In 1859 he was elected

county judge, and occupied the bench four years. In 1865 he was selected by the people to represent Nevada County in the State Senate. Here his broad statesmanship and matchless eloquence won new laurels and gave him a State-wide reputation. At the expiration of his term as senator, he, together with his wife, visited the Old World and traveled for some months through Europe. In this tour he took occasion to investigate, on the spot, many things of which he had only read, and returned with much in- formation added to his already large store of knowl- edge. Art, science, horticulture, mechanism, road- making, political economy, literature, architecture, domestic economy,-he absorbed everything. Re- turning from Europe he removed to San Jose, in 1869, and resumed the practice of the law. In 1871, the Twentieth Judicial District was created, and he was appointed its judge. In 1873 he was elected to the same position by a practically unanimous vote. The district then was composed of the counties of Santa Clara, Santa Cruz, San Benito, and Monterey. He held this position until the judiciary system of the State was reorganized, when he was elected judge of the Superior Court. He was re-elected in 1884, and continued on the bench until his death, which occurred May 14, 1888. While his wonderful learning excited admiration, and his strict integrity induced respect, no less did his warm and sympathetic nature command the affection of all with whom he came in contact. He was simple in his habits and unostentatious in his appearance. Anyone could approach him and draw at will on his great stores of knowledge, while neither his heart nor his purse were closed to the tale of dis- tress. He was eminently a progressive man and ready to lend his valuable assistance to every enter- prise for the benefit of the community. Many of our proudest monuments owe their existence to the timely and intelligent efforts of Judge Belden. The amount of work he performed was enormous, and it was this interminable labor without rest that finally accom- plished his death. He possessed a robust frame, but it was worn out by his still more vigorous mind. It would be impossible to enumerate the many great works which his assistance has rendered possible. His handwriting is visible on every page of the his- tory of the county since his name was enrolled as one of its citizens. At his death the whole State mourned, and at his obsequies all were present to pay tribute to his memory. Business was suspended, the temple of justice in which he had so long presided was draped in mourning, and the people from all the walks of life

THAT ENG G NY

VIEWS OF THE HOME OF THE LATE JUDGE DAVID BELDEN (San Jose).

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came forth with grieving hearts to place their floral offerings on the tomb of their counselor and friend. The remains were borne to their last resting-place by his brothers in the profession, and the eulogy pro- nounced by the Supreme Court of the State through its chief justice, Searles. The whole people composed the cortege and none were left who did not show visible signs of the sorrow which filled their hearts. Judge Belden was married, April 21, 1861, to Miss Elizabeth C. Farrell, of New Jersey, a lady eminently fitted to be the wife of such a man. Highly educated and accomplished, but with strong domestic instincts, she made for him a most congenial home. Possessed of strong intelligence, she was able to render him val- uable assistance in most of his work. She was his support and consolation during his wedded life and his true mourner after his death. She remains on the homestead, and preserves it in the same condition in which it was left by her husband.

Following are the resolutions adopted by the Bar in respect to the memory of Judge Belden :-

WHEREAS, It has pleased the ever wise and merciful Author of justice to remove from our midst and from the scene of his earthly labors the Honorable David Belden, Judge of the Superior Court of the County of Santa Clara and State of California; and,

WHEREAS, In his death, the judicial system of Santa Clara County has suffered its most sad and serious loss since its organization; and,

WHEREAS, The whole community of which Judge Belden was for many years a useful and beloved member, unites with the Bar in sincere grief about his bier; and,

WHEREAS, It is fitting that to the public record of his eminent serv- ices as a judicial officer there should be appended the seal of a merited recognition by the court over which he presided with dignity, learning, and honor; be it therefore

Resolved, That, in the untimely death of the Hon. David Belden, the Bench and Bar of Santa Clara County have lost a most able, reli- able, just and respected member; the State of California a most use- ful, illustrious, and conscientious jurist; the community a rare exam- ple of true greatness and virtue; that, as a judge of the Twentieth Judicial District of the State of California from 1871 until 1880, and of the Superior Court of Santa Clara County from 1880 to the date of his death, he ever wore the stainless ermine of judicial integrity, displaying in his opinions and rulings a quick perception of the principlesof justice, and a deep and discriminating study of the precedents and precepts of law applicable to every case, bearing himself always with a lofty impar- tiality toward the parties and the interests involved. In his administra- tion of the penal statutes to offenders brought before his court he was ever moved with earnest and untiring desire to temper the severity of the sentence with that degree of mercy required by each individual case, to foster and encourage every impulse toward virtue concealed in the criminal's heart. In his bearing toward the Bar, he was distinguished for the graceful and uniform courtesy accorded every member, and especially noted for the kindly encouragement which constantly flowed to the young men of the profession, qualities which won for him the esteem and veneration of the former and the confidence and love of the latter,-an esteem, veneration, confidence, and love which cease not at his grave, but which will continue to make fragrant his memory through the years to come. That as a citizen, sprung from the ranks of

the masses, and, rising through a life-time of labor, by native force of character, to an eminence of distinguished usefulness, his career compels . the admiration of all classes of society, and should especially excite the young men of our coast to an imitation of the virtues of bis public and private life. In the shaping of public affairs his advice was always easy of access, and ever found well-considered and wise. No member of society was more sensitive to the pulsations of public opinion, or more apt in appreciation of public needs. Never forward in the im- pression of his personality upon the current of affairs, he was never backward in meeting the emergencies of any occasion with a fortitude born of his convictions of right. With broad intellectuality, with brilliant literary ability, with incessant zeal, he investigated every prob- lem of life and scattered his conclusions broadcast with a tongue of silver and a pen of fire. That though his loss to the community is lamented as a judge of transcendent ability and a citizen of distin- guished usefulness, it is as a man among men that the death of David Belden is most keenly felt and most sincerely deplored. The friend, the brother, the counselor, the very model of all the social virtues, he lived out with consistent purity his simple and noble exist- ence, and is gone in answer to the morning call of immortality. Be- side the unstained robes of his public service may be laid the equally immaculate garments of his private life. To the widow of our de- parted friend and brother, who, through the well-filled years of a noble life has been the partner of his joys and griefs, the Bar of Santa Clara County extends the comfort of the heart-felt sympathy of its every member; in token whereof be it

Resolved, That as a body the Bar attend the funeral and sepulture of her beloved companion. That, as a mark of respect to their late occupant, the judicial chair and bench of Department No. I, of the Superior Court of this county, be draped in mourning for the space of twenty days. That these resolutions be offered before the Superior Court of Santa Clara County, at the next sitting thereof, with the re- quest that they be spread upon the minutes of said court; that a certi- fied copy of the same, and the further action of the Court, be, by the clerk thereof, transmitted to the widow and family of the deceased; and that one publication of these resolutions be made upon the pages of the public press.

In making the order to spread these resolutions on the minutes, and to transmit a copy to the widow, Judge Spencer said :-

"MY BROTHERS OF THE BAR OF SAN JOSE: In the removal by death of my honored associate, we, in com- mon with his relatives and community at large, have indeed suffered a great and irreparable loss. I can but ill bring myself to the stern realization of the fact that the relentless destroyer has taken from my side one who for these eight years has been my co-laborer in the delicate and arduous duties incident to the office of judge of the Superior Court; one with whom I have oft held instructive and pleasant consultations, and with whom I have maintained most intimate and cordial personal relations. I knew him well, and thus knowing I can truly say that his virtues were many and noble; his faults few and insignificant. Indefati- gable and conscientious in the attention to, and the performance of, his judicial dutics, he was stricken while in the midst of his labors. With Spartan cour- age and steadfast devotion to duty, inherited from his

PEN PICTURES FROM THE "GARDEN OF THE WORLD."

Puritan ancestors, for nearly three years did he battle with death and stand by his post with unswerving fortitude, attending to every duty of his office. To the oft-repeated solicitation of friends to give himself relaxation and rest, he has often responded from the fullness of his convictions of duty, 'I would rather wear out than rust out.' And most truly did he wear out in the performance of his judicial duties, for not until the overtaxed body and weakened vital organs had broken out in open rebellion did he yield to the inevitable, and was carried out of the temple of justice, which he had adorned as district and superior judge for sixteen years, to linger by the dark river until the ferryman should come to transport him to a haven of well-earned rest.

"Judge Belden was at the time of his death fifty-five years and nine months of age, and had served with distinction and honor in the several judicial positions of county judge of Nevada County, district judge of the Twentieth Judicial District, and superior judge of this county for the collective period of twenty years.

"Not only was he an able expounder of the law, but the citizens of his former mountain home had delighted in sending him to the halls of legislation, where, as a senator, he distinguished himself as an able law-maker and a leader among his fellows.

"He wasa truly remarkable man. Many have gone before him whose legal attainments have been equal to his. Others may have equally possessed the treas- ure of masterly eloquence. But it has never been my fortune to find combined in any other person so many rare and glowing qualities of heart, brain, and personal accomplishments.

" As an orator it has been truly said of him that 'he spoke with a tongue of silver;' his command of language was wonderful, his selections beautiful and most happy. He was wont at times with his bursts of eloquence to hold his listeners delighted and entranced. Although his delivery was rapid, he never hesitated for an apt word or sentence. ‘His words came skip- ping rank and file almost before he would.'

" As a jurist he had few superiors. Well grounded in the elements of law, and conversant with the mass of judicial precedents, he added that ready perception of principles applicable to any given set of facts, and that peculiarly incisive power of reasoning that make the true lawyer.

"But his attainments by no means stopped with those of his chosen profession. His researches in the general domain of knowledge included almost every branch of science, art, history, and political economy.

"Although not a specialist in any one department, he was at home as well when gazing at the gems of night, figuring their parallax and discussing the laws of planetary motion, as when calculating the angle of aperture of an object glass or studying the phenom- ena of the border line of life exhibited in the amœbæ. "But as a judge did his fitting qualities shine forth with undimmed luster.

"He was a just judge, a wise interpeter of the law and evidence, and withal simple and unassuming in manner, and sympathetic almost to a fault.

"He has passed from our midst forever. The chair that he was wont to fill with so much dignity, honor, and credit is now vacant. His robes of office have been replaced by the winding sheet. We have laid him away in his final resting-place, and have taken to our hearts the solemn and instructive monition that the sad lesson affords.

"A loving wife is mourning the loss of a loyal and affectionate husband. The Bar of this county, and the profession at large, lament the loss of a cherished brother, and the county and State a valued citizen and faithful public servant.

" But the memory of his virtues and noble qualities we should ever keep green in our hearts, and it is em- inently fitting that the resolutions now presented by his brothers of the Bar should be inscribed upon the pages of the records of the court which he has caused to be kept so many years.

"Let the motion be granted, and an engrossed copy of the resolutions be presented to the bereaved family."

HON. FRANCIS E. SPENCER was born at Ticonder- oga, Essex County, New York, September 25, 1834. During his infancy his parents removed to Saratoga, and thence, in 1846, to Will County, Illinois. Here Mr. Spencer attended the common schools, finally gradu- ating at the academy at Joliet. In 1852, when the subject of this sketch was eighteen years of age, he removed with his parents to California, settling at San Jose. Here Mr. Spencer went to work on a farm, raising sheep and cattle, and general agricult- ural work. In a short time, however, he abandoned the hills and grain-fields, and commenced the study of medicine. His father was an eminent physician, and this fact influenced the son in the choice of a profession. He soon, however, became dissatisfied with his choice. His mind was eminently logical, and would be content with nothing but exact results. He would accept no proposition that could not be

PEN PICTURES FROM THE "GARDEN OF THE WORLD."

reduced to a mathematical certainty. The exquisite logic of the law suited him better, and he became a student in the office of Messrs. Archer & Voorhies, then a leading law firm of San Jose. He was a quiet student, and attracted no particular attention until he was examined for admission to the Bar of the Supreme Court, in 1858, where he displayed such thorough knowledge as to excite comment. In 1863 he was appointed city attorney for the city of San Jose, and served as such for seventeen years. Soon after his appointment as city attorney he was made a member of the Board of Commissioners of the Funded Debt. Here he made a record that es- tablished his reputation for legal learning, and as a man of great resources. He found that the San Jose Land Company, popularly known as the "Forty Thieves," claiming title to all of the pueblo lands by virtue of a clause in the city charter, which they con- strued as a confirmation of their claim, had secured a decree of confirmation by the United States District Court to the pueblo of a vast tract of land, as is more particularly described in our chapter on land titles. From this decree an appeal, prosecuted by certain ranch owners, was pending in the United States Supreme Court. If he resisted the claim of the Land Company, or contested the appeal of the ranch owners, his intelligence told him that, instead of many thousand acres of land, the pueblo would get but a very small tract. He resolved to aid the appeal and fight the Land Company afterwards. He brought about a compromise by which the pueblo secured the whole tract, except that claimed by the ranch owners, and then in a subsequent case defeated the claim of the Land Company. Then by selling a portion of the remaining land at the government price, the commissioners were enabled to pay off the entire debt of the city.

These two suits, so successfully conducted by Mr. Spencer, not only relieved the city from indebtedness of every character, but removed the last cloud from the title of every foot of land within the limits of the pueblo. As city attorney he watched with an untir- ing vigilance over the interests of the city. He suc- cessfully prosecuted the case of the city against the bondsmen of the defaulting treasurer, Jasper E. Gunn, and in other cases secured the city against loss. His sound advice to the city officials secured the effective and prompt administration of municipal affairs. While studying law he had made himself familiar with the Spanish language, the Spanish customs, and the Spanish and Mexican laws affecting land grants

and titles, and on this subject he soon became an authority. His opinion that there were no valid suerte titles east of Market Street, in the new pueblo, has been confirmed by the highest courts in many cases. In the famous suerte suits of Toro versus Beach, Beach versus Maldonado, and Luco versus Hare, this opinion was fiercely attacked by some of the best lawyers in the State, and fought out to the last ditch, but was never seriously disturbed.

As attorney for defendants in the case of Hart versus Chaboya et al., Mr. Spencer succeeded in establishing an important doctrine. As the law then stood, upon the death of a wife her heirs inherited one- half of the common property. Upon that statute the heirs of Jesse B. Hart brought suit against a large number of purchasers from the husband involving a large tract of land on the Yerba Buena Rancho, in the Evergreen District. He was successful in having the Supreme Court hold that, although the descent was cast upon her heirs for a moiety of the common prop- erty, yet, as the husband had the control and dispo- sition of the commnon property during coverture, he had a right to wind up the estate after the death of the wife, and that conveyances made by him in fur- therance of that object were valid. This decision saved the homes to a large number of farmers, and established a rule that prevented a large amount of litigation in favor of speculators.

In these important cases, coming as he did in con- tact with many of the ablest lawyers of the nation, Mr. Spencer won a reputation for legal ability that commanded profound respect from the Bar every- where, and his calendar contained important cases in all the courts of the State. His services were in especial demand in actions affecting the title to land, and much of his time was occupied in responding to calls from other counties. In fact, the permanent settlement of land titles in California is due to the efforts of Judge Spencer as much as to any other one man.

As early as 1861 he was elected district attorney, which office he held for two terms, refusing a nomi- nation for the third. During his incumbency of this office he did much valuable work for the county, among which was the recovery of large sums of money on forfeited bonds. In 1871 he was elected a member of Assembly and was made chairman of the judiciary committee of that body. It was during this session that the legislation was had in regard to the then new codes. Mr. Spencer's legal training and clear mind enabled the committee to make its

PEN PICTURES FROM THE "GARDEN OF THE WORLD."

reports promptly and clearly on the large amount of business referred to it, the largest and most compli- cated, perhaps, that has ever been met by any com- mittee of the Legislature since the organization of the State. How well this work was performed the statute books show for themselves. During this ses- sion, also, a desperate attempt was made to remove the State Normal School from San Jose. He had much to do in frustrating these efforts. When the judicial system of the State was reorganized Mr. Spencer was elected one of the superior judges for Santa Clara, which position he has ever since held. One very noticeable peculiarity of Mr. Spencer's work as an attorney was the care with which he prepared his cases for trial. No point was too insignificant to be thoroughly investigated, and the law and authorities thoroughly collated. His wide practice led him to the study of many specialties, and thus no opposing expert testimony found him unprepared. His critical knowl- edge of anatomy, engineering, geology, metallurgy, and mechanical appliances, with all the new theories developed by the recent progress in the department of microscopy and spectrum analysis, gave him high standing in scientific circles. All this knowledge and these habits of painstaking labor he carried with him to the Bench. As his services as an attorney were in demand throughout the State, so it has continued since he donned the ermine. At the request of local judges he has presided at the trial of important cases in many different counties. In San Bernardino County he tried the great case of Stockman et al., versus Riv- erside Land and Irrigation Company, involving the lands and the canal system of the famous Riverside Colony. He presided at the trial of Huse et al., versus Den et al., in which vast landed interests in Santa Barbara County were at stake. Also in important contested election cases in Sacramento. Also in the great mining case of White versus Merrill et al., in Department I of the Superior Court of San Fran- cisco. Besides his great learning and sound judg- ment, two other qualities stand out prominently in Judge Spencer's administration of justice, i. e., the firmness and dignity with which the affairs of his tri- bunal were conducted, and the uniform courtesy which was extended from the Bench to the Bar, and to all others who appeared in his court. Outside of his profession, also, Judge Spencer has ever been a pro- gressive citizen, liberally subscribing to all enterprises having in view the moral, educational, or material advancement of the community. He was selected as one of the Board of Trustees of the great Leland

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Pen pictures from the garden of the world, or Santa Clara county, California, Part 15

Author: Foote, Horace S., ed Publication date: 1888 Publisher: Chicago : The Lewis Pub. Co. Number of Pages: 844

Author: Foote, Horace S., ed
Publication date: 1888
Publisher: Chicago : The Lewis Pub. Co.
Number of Pages: 844